HomeMy WebLinkAboutProperty_Deed_05/15/1995 ,
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Prepared By and Return to : �� � i`� �! i�: �.��_•�`:. r i; r u=� J4":''�'�
�.t�� �'i��-� a5 �. _���
Peter S. Holton, Esq. � ������ ������ ��� ���
Jones, Foster, Johnston & Stubbs, P.A. �'^'; ��`_`�� ^r� �'^
P. O. Box 3475 _ _ __ _ . _ _ . _.
West Palm Beach, FL 33402-3475
WILL CALL #85
.
EASEMENT DEED
THIS EASEMENT DEED has been executed May /,�, 1995, by the
Village of Tequesta, Florida, a municipal corporation, ("Grantor")
whose address is Post Office Box 3273, Tequesta, Florida 33469-
0273 in favor of the cable television company now or hereafter
holding a franchise for the property described in Exhibit "A"
hereto and all publi�c utility companies (the cable television
company and all public utility companies are hereinafter
collectively called the "Grantees").
WITNESSETH:
A. Grantor is the owner of the real property described in
Exhibit "A" hereto.
B. Grantor wishes to grant to the Grantees a non-exclusive,
general utility easement on the terms set forth herein.
NOW THEREFORE, for valuable consideration, the receipt of
which is hereby acknowledged, Grantor hereby grants to the
Grantees, and each of them, and their respective successors and
assigns, a non-exclusive easement over, under and across those two
(2) parcels of real property (collectively, the "Easement
Property") more particularly described as "Easement A" and
"Easement B" in Exhibit "B" hereto. The grant of the easement
over, under and across the Easement Property shall be for general
utility purposes including, without limitation, the right to
install, operate, maintain and service water and sewer lines,
electric transmission and distribution lines, telephone lines, gas
transmission lines, and cable television lines, and all facilities
appurtenant to any such utility lines. No Grantee shall install
any of its facilities above ground in any portion of the Easement
Property, without the prior written consent of Grantor.
1
'.; `<.s�i � i t` r a � � �i �
Executed this /�" day of May, 1995.
Signed, Sealed and Delivered Village of Tequesta, Florida, a
in the Presence of: munic' al corporation
15vn 1 �'YIwLKaL � B `�
Print Name: Ron T. Mackail '
Its: Mayor ��';��� �,.
r .
� �.r
Print Name: �; o��,� ���}��,��, - �;� (Corporate Seal) '""`�� "'a
� . . ;�
ATTEST : By: � /:�y a� .:��'`��- _
oann Manga iei �
Its: Village Clerk
STATE OF FLORIDA ) ,,:� ' `
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this �� i
day of May, 1995, by Ron T. Mackail, as Mayor of Village of
Tequesta, Florida, a municipal corporation on behalf of the
corporation. He is personally known to me or who has produced a
driver's license as identification.
(NOTARY SEAL) �- _
� _. . .
No�ary Public� ,
s - . ..- Print Name: � _ ,
r t •_ _ - ' ,
_ My Commission Expires: .;, -
.: _ , __. _.
_, . :.r_ ! � %
_ : . _ .
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _�
day of May, 1995, by Joann Manganiello, as Village Clerk of the
Village of Tequesta, Florida, a municipal corporation on b�half of
the corporation. She �s �ersonally known to me or who has produced
a driver's license as identification.
1
(NOTARY SEAL)
Notary Pu lic
Print Name: G/k t�� �2. 2c; �=��, lC
�`
My Commission Expires:
�. -�'PSH\13153-i\Easement.Deed
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EXHIBIT "A"
Legal Description
A parc�l of land lying in Section 30, Township 40 South, Range 43 E�.st, Palm Beach
County, Florida being more particularly described as follows:
Commercing from the Northwest corner of the Southwest One Quarter (SW1/4) of said
Sectic�_ 30, bear North 89 degrees 49 minutes 04 seconds East, along the North iin2 0?=
said S�uthwest One Quarter (SW1/4), a distance of 953.24 feet to th� intersection wir :
the Eas� right-of-way line of Old Dixie Highway, an 80 foot right-o_-way as now �aid
out an; in use; thence bear South 22 degrees 41 minutes 51 seconds E�sr, a��,r� `
`=�� � ���-way line, a aistance of 421.37 feet to the point of b:ginning tr�nce
contir�� South 22 degrees 41 minutes 51 seconds East, along said right-oi-way 1_-�-� �
dista�ce of 175.00 feet; thence bear North 67 degrees 18 minutes 09 seconds Eas " y a
dista��� of 266.00 feet; thence bear North 22 degrees 41 minutes 51 seconds We�_,
along a lin2 parallel to the said East right-of-way line of Old Dix Highw�y, �
distarc� of 175.00 feet; thence bear South 67 degrees 18 minutes 09 seconds Wes-, a
distan�e of 266.00 f2et to the Point of B�ginning.
END OF LEGAL DESCRIPTION
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EXHIBIT "B"
TEQUESTA LIBRARY
EASEMENT "A"
A PARCF.�� Qr LAND LYING iN SEC"T"YON 3U, "f'0'VVNS�HIP aU SULTT'I-r, 1tANC�� a3
EAST, PALM BEAC� COU�ITY, FLQTtIDA BEING MORE PART1CLTi,ARI.Y
D�SCRIBED AS FOLLOVVS;
COMMF.,NCING la2QM THE NORTT-TWE5T COFtNER OF THL SOUTHWES'C ON�
Q[1ARTER OF 5A[D S�CTION 30, BEAR N 89°49'04" E, AL4NG THF N4RTH LINF
oF sAiD sOU�r1��4VEST ONE QUARTER A D�STANC� QF 953.24 FEET TO THE
INTERS�,Ci"�ON WITH THE P,AST RTGHT-QF-WAY LINE OF OLD DIXIE
HIGHWAY, AN $� POQT RIGHT-OF-WAY AS NOW LAIb OCJT AND �N USE;
THENCE BEAR S 22°al'S1" �, ALONG SAID EAST RIGHT QF WAY I.INE, A
L�ISTANC� UF 441.37 Ft;FT 'TQ TH� PQINT OF BEGINNING; TI�ICNC� CC�NTINi1F?
S 22°41'S1" F,, ALQNG SAID EAST RIGHT-O�-WAY L,INE, A DISTANCE OF lU.(x)
FEET; THEIVCE N 67°i8�09�� �, A nISTANCE OF 129.41 FEET; THENCE
N 22°41'S1" W, A llISTANCE OP 10.40 PB�T; THENCB S 67°18'09" W, A
aISTANCE 4k� l�9_4l FEET TO THE �O1N"T ON BBGINNING.
COKTAINING 124Q SQUARE FEET, MORE QR LESS
TEQUESTA LIBRARY
EAS�M�NT "B"
A PARC�L OF LAND LYINCi IN SEC �r7oN 3a , 7'OWNSHTP 40 SUIJ'I'H, 12ANG�; �3
EAST, PALM �EACH COUNTY, FLORIDA BEING MOR� PARTiCUI,ARLY
DESCRiBED AS k�Qi.LpWS;
COMMENCiNG F1tOM THE NORTHWEST CORNER OF THE SOUTHWES'T' ON�
QUARTER OF SAID SEC'TION 30, BEAR N 89°49'04" F, ALONG THF, NORTH LINE
OF SAID SOUTHWF.ST aNF QUART�R, A DiSTANGE OF 95324 F�}:P.T TO THE
INTERSECTION WI'I'N TNE EAST RI('xHT-0E-VVAY LINE OF (7LD DIXIE?
HIGHWAY, AN 80 FOOT RIGHT-OF-WA'Y AS NOW LAID OUT AND IN USE;
THEHC� �EAR S 22°41'S1" E, ALONG SA�p EAST RIGHT OF WAY LINF, A
DISTANCF. ClF .4$6.37 FE�T TO THE POINT OF BEGINNINC; THENCE CQNTINIJF.
S 22°41'S1" E, ALONG SAID EAST RIGH'�-d�-WAY LfN�, A L?YSTANCE OF 1U.00
FECT; THEtiGE N 67° 18'�" E, A�^I5: ANC� 4F 255.�i: FE�??'; THE'�:��
N 22°41'SI" W, A DISTANCF, aP Sa.00 FEET; TH�NC�. S 67°�8'09" W, A
DISTANCE OF lt).00 FEET; THENCE S 22°41'SI" E, A DISTANCE UF 1.b8 FEET;
TF�ENCE N K8°22'S6" 'VV, A i3I5TANCE OF 10.18 FEET; THENCE 5 01°37'04" W, A
DISTANCE UF 1.U0 FEET; THENCE S 88°22'S6" E, � DISTANCE OF 10.b3 FE�T;
'I'H�,NC�, 5 22°41'S1" E, A I�ISTANGE 4F 37.22 FEET; THENCE S 67° 18'09" W, A
I)TSTANCF., OF 2Sb.0� FEET TO THE POtNT OF gEGINNING.
CONTAINING 3070 SQCJARE NEET, MORE OR LESS
SHEET 1 OF 2
� ' � .• , � r EXHIBIT 11�11
,��`T,�.-� �9 y1,��"�-�...
, ( Continued ) "" +'^': "� .'"'-
SKETCt� OF LEGAL D�SCA ! PT I ON
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N2�° 4i' 51" W i75. �0'
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' 10.00" 5�2�a4�5i��
31. 22'
9CALE: i' �50' S22' 4i' 51� E �
i. fi8' / S88' 2�' S6' E +
N8B' �2' 56' N ! 0. 63' 1
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��° P(} ! NT OF BEG I NN I NG�� �...
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_PO(NT OF COMM�NCEMENT .
�' NW C�RNER OF SW i14 OF 6 . v
S�GT I QN 34, T40S, FI43E
CC �t=1CA TIUN: �,
I tiIf Hl:HY CF.f1Tff Y �HAT tflL �sKr:iCH SFInwN HEREON �5 a
t i�ut: AND r,.p�ni [: 5 FaE�RL•'�l:N r a l i UN OF Ti{i_ ACCONPANY i NG
r,is�:F+IpifON ANp COMf�tfl"�� wifN THE MINIMUN TECIiNICAL
t.�I�NhAf{f) �;1_I f0llfll iN CIIAF�iER hf���� 6 FLOr+inn
�OMINi�;iF+nIIV� Cnni E�uR„U�NT -CTiON �i2.c)' � � � - � r
Fi.nni��n STA�Ur�;. �1L�..7 �/�7N./t+lf��■...7
/ LAND SUpVEYpq�
U �Ri1.f;Y 612 N. OfiANGE �4E.NUE SUI7E D-t
CENSED lnNO i1VEYpH
- rLOH I DA CEH I CATE Np, �439 JUf� I 1'TEfl, fL UR i OA 3:i4E,H
PHONE ( 4071 YaEi 84�°a
DATE: �1(3/95 3HE�r 2 OF 2 CAD F IL.�: TEaL { 9AY
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PREPARED BY/RETURN TO:
D.R. GIRVIN, ESQ.
DOUGLAS RAWLS GIRVIN, P.A.
SUITE 501, HAAS BUILDING -`' � t .i'•`_='. ''�'`�—''� 1. i'�:+'�
10 01 N. U. S. HI GHWAY ONE i31��! ?� ?'��T� P+� ����
JUPITER, FLORIDA 33477 '��i�Ef#f�€I'fff����f
THIS SPACE RESERVED FOR RECORDING
TRUSTEE'S DEED
KNOW ALL MEN BY THESE PRESENTS, that the FIRST UNION
NATIUNAL BANR OP' FLURIDA; as trustee under L.I°. No. 4u0, successor
by merger to the Bank of Palm Beach and Trust Company, Grantor,
acting pursuant to, and by virtue of, the powers in it vested by
that certain Trustee's Deed to said trustee, dated the 27th day of
July, 1983, and recorded in Official Records Book 4067, Pages 226
to 231, inclusive, a�s corrected by that certain Corrective
Trustee's Deed dated the 28th day of February, 1984, recorded in
� Official Record Bok 4176, Page 1642 to 1647, public records of Palm
Beach County, Florida, and that certain Trust Agreement designated
as Land Trust No. 400, governing the premises herein conveyed and
dated the 16th day of June, 1983, and every other power and
authority to Grantor vested thereunder, for the sum of $10.00 and
other valuable consideration, the receipt of which is hereby
acknowledged, does remise, release and forever convey to THE
VILLAGE OF TEQUESTA, Florida municipal corporation, Grantee, the
following described real property located in Palm Beach County,
Florida:
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING FROM THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
OF SAID SECTION 30, BEAR N 89°49'04" E, ALONG THE NORTH LINE OF
SAID SOUTHWEST ONE QUARTER A DISTANCE OF 953.24 FEET TO THE
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY,
AN 80 FUOT RIGH'I'-OF--WAY' AS NOW i�' ID OUT AND IN USE; �!'HENCE BEAR S
22°41'51" E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF
421.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 22°41'51"
E, ALONG SAID RIC;HT-OF-WAY LINE, A DISTANCE OF 175.00 FEET; THENCE
BEAR N 67°18'Ou E, A DISTANCE UF 266.00 FEET; THENCE BEAR N
22°41'S1" W, ALONG A LINE PARALLEL TO THE SAID EAST RIGHT-OF-1dAY
LINE OF OLD DIXI� HIGHWAY, A DISTANCE OF 175.00 FEET; THENCE BEAR
S 67°18'09" W, A DISTANL� OF 266.00 FEET TO THE PUINT OF BEGINNING.
being part of the premises conveyed to Grantor under t3;.e above-
described Deed.
_ * Who's mailing address is: 255 South County Road, Palm Beach, Florida 33480
** Who's mailing address is: P.O. Box 3273 Tequesta, Florida 33469
T
THIS SPACE RESERVED FOR RECORDING
SUBJECT TO restrictions, reservations, easements and all
matters of record, as well as ad valorem taxes subsequent to
December 31, 1994.
TO HAVE AND TO HOLD the above-described premises, with
all of its rights, easements and appurtenances to Grantee, its
successors and assigns, to its use and behalf forever. This
conveyance is made without warranties of title.
IN WITNESS WHEREOF, the said Grantor, has caused these
presents to be executed by its Vice President/Trust Officer and
attested to by its ' t'� _' v� �� �:ac.e - '1 -- [OFFICER7 with its
corpox�a��e .seal affixed hereto, on the ;� of January, 1995.
" , ` FIRST UNION NATIONAL BANK OF
�' ��(.Corp�rate 5•�al) FLORIDA, as trustee under L.T.
x � - No. 400
; f .r _ ..�/. - � . � ,
W1i'i�'�'SS' . _ -
_ By:
Vice-President and
Trust �; q �_:_.
� Officer
WITNESS: � ATTEST: � �
COFFICER7
. �f Jss;s; � �j�, �` .; E�;c�, a��
"\: ''�-i
° . ' J � �,. 5 -�-- � � � ; cA.l'
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
The foregoing instrument was acknowledged before this �`�ay
of January, 1995 , by � ,� � � �. ;°.�, : � �
as \;�,,,� �=�, ; d,__-�- a- ; �,,, _ _�, �}; , Q �_ of the r irst Union National Bank
v� F��rida.
-�
,, � w ��.. � c. /..=:_..�' G� �- � �-__ _
, .,� - __ a,�.[�:�-�.:_�:-��ik.�..���Notary Public)
�� C�� Commissio Number: G c o� � oS g
� = � � ' My Commission Expi�.e�. - -
y � � ,. J �- r=;_c����a
�� ��"__�`. � �� � � 4f'.22,1995
'�.L���� Known OR Produced Identification '"° " ' - - '-'Y�. �!nn. .
�ype of I en ification Produced
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
The foregoi.r.g instrument was acknowledged before this ,_: �'day
� of January 1995, by ��,�;" ! �1� s �„-,
• t ~
,_._ =; .'.i �g 'L �-3�
- ' �ffY• E ` .�' t i� `'''f�:•'f''•:'', r'
THIS SPACE RESERVED FOR RECORDING
as h .�U'; �„�: ¢ t�;,.�_�-� ��i� of the First Union National Bank
of Florida.
: - - _ � L-..� �: "�_----
~:• ° ' �n«�.-.1.�>r'-e.;_�� 'T .� - (Notary Public)
�,
� `,,.' � Commissio�N mber: c� �S �i,S g
� �� •' ~ - My Commission Expi� o FLORIDA
��- '�� A f C,x;rc C7\ =n? �R c 1 Q9 e
� F�rs�:nally Known OR Produced Identification r - � ��
..w ._ _, � .� W._. _ ,..� .. �. ,.: , .
� �.,.; � 'I�ype of Iden�ification Produced
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR HENRY F. LILIENTHAL
LARRY B. ALEXANDER MICHAEL T. KRANZ WEST PALM BEACH, FLORIDA 33401
STEPHEN J, AUCAMP JOHN BLAIR McCRACKEN 1902-1982
TRACEY BIAGIOTTI SCOTT L. McMULLEN
CLAY C. BROOKER DAVIO PRATT V�Iy � HARRY ALIISON JOHNSTON
JOYCE A. CONWAY JOHN C. RANDOLPH P• O. BOX 3475 1 g� � f�eq�esta 1895-1983 '
MARGARET L. COOPER STEVEN J. ROTHMAN WEST PALM BEACH, FLORIDA 33402-3 S R. BRUCE JONES
EDWARD DIAZ PETER A. SACHS �� ��
REBECCA G. DOANE D. CULVER SMITH IQ �407) 659
CHRISTOPHER S. DUKE SIDNEY A. STUBBS da. FAX: (407) 832 PAUL C. WOLFE '
SCOTT G. HAWKINS ALLEN R. TOMLINSON MAY 3 0 1995 �933-1991
THORNTON M, HENRY JOHN S. TRIMPER RETIpED
PETER S. HOLTON MICHAEL P. WALSH
MARK 8. KLEINFELD H. ADAMS WEAVER `C O � O ^ WILLIAM A. FOSTER
WRITER'S DIRECT UNE: V�� Y , a e Mana � �• MARTIN FLANAGAN
g er s Office
May 26, 1995 CERTIFIED MAIL
RETURN-RECEIPT REgIIESTED
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Villaae of Tequesta - Library Site
Dear Tom:
Enclosed herewith is Commonwealth Land Title Insurance Company
Owner's Policy no. A02-032505 in regard to the Library site. The
policy should be placed with the Trustee's Deed.
If you have any questions, please let me know.
Very t yours,
JON S, F ER, J NSTON & STUBBS, P.A.
Peter S. Holton \
Enclosure
psh\13153-1\bradford.le2
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LSSUED BY ,"
1
Commonwealth � POLICY NUMBER IFI
Land Title Insurance Company �; � � �- � ;� � � � � `'
OWNER'S POUCY OF TITLE INSURANCE
= _
-
- -
�-, E
F '� SUEJECT TO THE EXCiUSIONS FRONd COVERAGE, THE EXCEPTIONS FROM CUVERAGE CON"3 IN SCHEDUL� B AN�
I �� THE C�NDITIONS AND� STIPU�P.TIOIYS, COMMONWEAA.TH LAND TITLE iNSURANCE COMPANY, a Pennsy;vania corporation, hereir,
I��,� calleZ the Company, insures, as of Date of Polic � shown in Schedule A a ain i� -
- y st os or dama�e n t x
- , o e ceedin the
g Am u
> o nt f In
- . c� suran
a Ce SI�
fec�
. g
- -
-
.
� �n Schedule A, sustamed or tncurred by the msured by reason oi: I
_ _
_ ?. Title to the estate or interest described in Schedule A being vested other thar. as stated therein; ��'�
= 2. Any defect in or lien or encumbrance on the titte; ��c�
�= 3. Unmarketability of the title; p
= 4. Lack of a right of access to and from the land. E''
�, The Company will also pay ?he costs, attorneys' fees and expenses incurred ir. defense of the title, as insured, but only to the extent provided -
�I in the Conditions and Stipulations. _
� j'I IN WITNESS WHEREOF, C�MMONWEALTI-� LAND TITLE INSURANCE COMPANY has causecf its corporate name and seaA to be '�I�I
I hereunto affixed by its duiy authorized of£ice:s, the Policy to become vaiid when counrersigned by an authorized officer or agent c�f the Company. i,�i
�,� =
'� COMMONWEALTH LANID T1�'d'�,E INSgJRANCE COMPANY =
-
�', ` _
� Attest: � G
_ � ���" By� ;/ =
L I Secretary � � President
- i =
_ EXCLUSIONS FROM COVERAGE �''
�
- �',
_ The following matters are expressly excluded from che coverage of this policy and the Company will not pay loss or damage, costs, attorneys' '-�
= fees or expenses which arise by reason of: _
-
- -
-
4. (a) Any Iaw, ordinance or governmentaE regulation (including but not limited to building and zoning laws, ordinances, or regu[ations} restricting,
regutating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve , i ' ��
= ment now or hereafter erecied on the lan • i" _
d, ( ii) a separation in oHnershi or a chanee in the dim nsi i='
����I P e ons or area of the land or any parcel of �
ti hich the land is or was a par:; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- II�
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or =
alleged violation affecting the land has been recorded in the public records at Date of Polic}. _
(b) Any governmental police powe* not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, _
lien o: encumbrance resultin from a vi '
_
o,ation or alle d v �
e iolati n �
g o affectin the land has been r� r �"
g eco ded in the � li • ,
g p b c records at Date of Policy. _
-
2. Rights of eminent domain unless notice of the exercise [hereof has been recorded in the public records at Date of Policy, but not excluding =
_ _
from covera e an w
- g y taking hich has occurred rior to Date of Policv which w 1
p . ou d be bindine on the riahts of a ur h v
_ � � aser for alue without ��
p
_�
= knowledge. I �
3. Defects, liens, encumbrances, adverse claims or other matters: -
(a) created, suffered, assumed or agreed to by the insured claimant; i, I �
(b) not know�n to the Company, not recorded in the public records at Date of Policy, but kno��n to the ir,sured claimant and no; disdosed
in ��riting to the Company b} the insured claimant prior to the date the insured claimant became an insured under ;h;s policy;
(c) resulting in no loss or damage to the insured claimant; -
(d) auaching or created subsequent to Date of Policy; or �1���=',
- (e) resulting in loss or damage which would not have been sustained if the insured ciaimant ha� �aid value for t5e estaEe or in.erest insured �����
by this policy.
4. Any claim, which arises out of the transaction vesting in the lnsured the estate o* interest insured by this policy, by reason of the operatior
I of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: i
I I (a) the transaction creating the estate or interest insured by this policy beine deemed a fraudulent conveyance or fraudulent transfer; or
il � (b) the transaetion creating the estate or in,erest insured by this policy being deemed a preferential transfer e.rcept where the preferentia! transfer '
results from the failure: I �,
- (i) to timely record the instrument of transfer; or
r i =
art not �� t or lien credno
�,�..�. 1
— u o suc�re aUOn to �mp � �e io a purchase for �alue or a jud men l V
r! ., • - == g . � �� u� ,. .
_..- _ _ � �-
ALTA Owner's Policy (10-17-92) Face Page
with Florida ModifiCations Valid Only If Schedules A and B and Cover Are Attached
Form 1190-2� ORIGfNAL
CONDITIONS AND STYPULATIONS l i
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a
defense as required or perm�tted by the provisions of this policy, the I
1'he following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of I
competent junsdiction and expressly reserves the right, in its sole discretion, j
(a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the I
distributees, devisees, survivors, personal representatives, next of kin, or msured shall secure to the Company the right to so prosecute or provide '
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the ',
(b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's I,
(c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or
knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or ,
public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii} in any ,
constructive notice of matters aff'ecting the land. other lawful act which in the opinion of the Company may be necessary or
(d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the 'i
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required ,
term `9and" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy ',
described or referred to in Schedule A, nor any nght , title, interest, estate shall terminate, including any liab�lity or obligation to defend, prosecute, or ,
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such ',
waterways, but nothing herein shall modify or limit the extent to which a cooperation. ,
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these
insirument. Conditions and Stipulations have been provided the Company, a proof of
(� "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or
records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of
records of the clerk of the United States district court for the distric[ in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the loss or damage. If the Company �s prejudiced
by the failure of the insured claimant to grovide the reqwred proof of ►oss I,
(g) "unmarketability of the title": an alleged or appxrent matter affecting or damage, the Company's obligations to the insured under the policy shall ,
the trtle to the land, not excluded or excepted from coverage, which would terminate, including any liabilrty or obligation to defend, prosecute, or '
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such '
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title.
In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized repr�sentative of the '
OF TITLE. Company and shall produce for examination, inspection and copying, at '
such reasonable times and places as may be designated by any authonzed
The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured '
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its perm�ss�on, in writing, for any authorized '
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company Yo examine , inspect and copy alf records,
shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or '
either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. ,
a purchase money mortgage given to the insured. All information designated as confidential by the insured ciaimant provided ,
to the Company pursuant to this Section shall not be disclosed to others ;
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the '',
The insured shall notify the Company prompUy in writing (i) in case of administration of the claim. Failure of the insured claimant to submit for '�
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall examination under oath, produce other reasonably requested information
come to an insured hereunder of any claim of title or interest which is or grant permission to secure reasonably necessary mformation from third
adverse to the title to the estate or interest, as insured, and which might Parties as required in this paragraph shall terminate any liability of the
cause loss or damage for which the Company may be liable by virtue of Company under this policy as to that claim.
this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY.
to the insured all liability of ihe Company shall terminate w�th regard to In case of a claim under this policy, the Company shall have the
the matter or matters for which prompt notice is required; provided, following options:
however, that fsilure to notify the Company shall in no case pre�udice the
rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by ,
4. D�FENSE AND PROSECUTION OF ACTIONS; DUTY OF the msured claimant, which were authorized by the Company, up to the ,
INSURED CLAIMA�dT � a COOPERATE. time of payment or tender of payment and which the Company is obligated ',
to pay.
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and ,
contamed m Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the ,
at its owri cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to '
defense of an insured in litigation in which any third party asserts a claim defend, prosecu[e, or continue any litigation, and the polic� shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation.
of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or
against by this policy. 1'he Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together
not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured '
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment ,
in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or
against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized ',
prosecute any action or proceeding or to do any other act which in its by the Company up to the time ol' paymeat and which the Company is �
opinion may be necessary or desirable to establish the title to the estate or obligated to pay.
interest, as msured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for ,
The Company may take any appropriate action under the tetms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under'
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments �
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragcaph, it shall do so diligently. defend, prosecute or continue any litigation.
� Conditions and Stipulation.s Continued Inside Cover �
B 1190-2 '
COMMONWEALTH LAND TITLE INSURANCE COMPANY
OWNERS POLICY
SCHEDULE A
Policy No.: A02-032505 Effective Date: May 5, 1995 at 3:55 PM
File Number: 13153.1
Amount of Insurance: $730, 000. 00
1. rrame of Insured VILLAGE OF TEQUESTA, a Florida municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy
is a fee simple (if other, specify same) and is at the effective date hereof vested in
the named insured as shown by instrument recorded in Official Record Book 8 735 page
1835, of the Public Records of Palm Beach County, Florida.
�
3. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED IiERETO AND MADE A PART HEREOF
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
;
P
/ � .L `' - � - ;�'
Counters igned : b � �;� e � � � .%°~�` `�
Authorized Officer or Agent �`
. I I
COMMONWEALTH LAND TITLE INSURANCE COMPANY
OWNERS POLICY
EXHIBIT "A"
File Number: 13153.1
Policy No.: A02-032505
A parcel of land lying in Section 30, Township 40 South, Range 43 East, Palm Beach
County, Florida being more particularly described as follows:
Commencing from the Northwest corner of the Southwest One Quarter (SW1/4) of said
Section 30, bear North 89 degrees 49 minutes 04 seconds East, along the North line of
said Southwest One Quarter (SWl/4), a distance of 953.24 feet to the intersection with •
the East right-of-way line of Old Dixie Highway, an 80 foot right-of-way as now laid
out and in use; thence bear South 22 degrees 41 minutes 51 seconds East, along said
East right-of-way line, a distance of 421.37 feet to the point of beginning; thence
continue South 22 degrees 41 minutes 51 seconds East, along said right-of-way line, a
distance of 175.00 feet; thence bear North 67 degrees 18 minutes 09 seconds East, a
distance of 266.00 feet; thence bear North 22 degrees 41 minutes 51 seconds West,
along a line parallel to the said East right-of-way line of Old Dixie Highway, a
distance of 175.00 feet; thence bear South 67 degrees 18 minutes 09 seconds West, a
distance of 266.00 feet to the Point of Beginning.
- .
COMMONWEALTH LAND TITLE INSURANCE COMPANY ''
OWNERS POLICY
SCHEDQLE B
File Number: 13153.1
Policy No.: A02-032505
This Policy does not insure against loss or damage by reason of the following
exceptions: ,
1. Taxes for the year of the effective date of this policy and taxes or
assessments which are not shown as existing liens by the public records
or which may be levied or assessed subsequent to the date hereof. Said
taxes become a lien as of January 1 of each year, but are not due and
payable until November 1 of that same year, pursuant to Section 197.333 �
F.S.
• I
.,. a ,.. I
i ,
3. Encroachments, overlaps, boundary line disputes, and any other matters �
which would be disclosed by an accurate survey and inspection of the
premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter furnished, imposed by law and not shown by the
public records.
6. Any claim that any part of said land is owned by the State of Florida by
right of sovereignty, and riparian rights, if any.
7. Easement in favor of American Telephone and Telegraph Company contained
in instrument dated April 9, 1947, and recorded May 16, 1947, in Deed
Book 809, Page 485 and Certificate recorded in Deed Book 1052, Page 293.
8. Easement in favor of Florida Power and Light Company contained�in
Easement dated June 26, 1984 and recorded July 17, 1984, in Official
Record Book 4297, Page 994.
NOTE: ALL OF THE RECORDING INFORMATION CONTAINED HEREIN REFERS TO THB PUBLIC
RECORDS OF PALM BEAC$ COUNTY, FLORIDA, UNLE83 OTHERWISE INDICATED.
PSH\13753-1\CLTIC.OPM
— ' immnimmimm�
� American Land Title Association
' Owner's Policy =
(10-17-92)
(With Florida Modifications)
POLICY
OF
TITLE
INSURANCE
��
Issued by
Commonwealthm
Land Title Insurance Company
Title Insumnee Since 1876
HOME OFFICE
EIGHT PENN CENTEFi
PHILADELPHIA, PA 19103-2198
.
B 1190-22
CONDITIONS AND STIPULATIONS '
` 7: UETERMINATION AND EXTENT OF LIABILITY. (Continued) . ,`
The Company shall be subrogated to and be entitled to all rights and �
This policy is a contract of indemnity against actual monetary loss or remedies which the insured claimant would have had against any person
damage sustained or incurred by the insured claimant who has suffered or property in respect to the claim had this policy not been issued. If
loss or damage by reason of matters insured against by this policy and requested by the Company, the insured claimant shall transfer to the ''
only to the extent herein described. Company all rights and remedies against any person or property neces- ''
(a) The liability of the Company under this policy shall not exceed the sary in order to perfect this right of subrogation. The insured claimant ,
least of: shall permit the Company to sue, compromise or settle in the name of the �
(i) the Amount of Insurance stated in Schedule A; or, insured claimant and to use the name of the insured claimant in any �,
(ii) the difference between the value of the insured estate or transaction or litigation involving these rights or remedies.
interest as insured and the value of the insured estate or interest subject If a payment on account of a claim does not fully cover the loss of the
to the defect, lien or encumbrance insured against by this policy. insured claimant, the Company shall be subrogated to these rights and
(b) The Company will pay only those costs, attorneys' fees and remedies in the proportion which the Company's payment bears to the
expenses incurred in accordance with Section 4 of these Conditions and �'hole amount of the loss.
Stipulations. If loss should result from any act of the insured claimant, as stated
8. APPORTIONMENT. above, that act shall not void this policy, but the Company, in that ever,t,
shall lie required to pay only that part of any losses insured against by this
If the land described in S.chedule A consists of two or more parcels policy which shall exceed the amount, if any, lost to the Company by i
which are not used as a single site, and a loss is established affecting one reason of the impairment by the insured claimant of the Company's right
or more of the parcels but not all, the loss shall be computed and settled of subrogation.
on a pro rata basis as if the amount of insurance under this policy was (b) The Company's Rights Against Non-insured Obligors. �
divided pro rata as to the value on Date of Policy of each separate parcel ,
to the whole, exclusive of any improvements made subsequent to Date of The Company's right of subrogation against non-insured obligors '
Policy, unless a liability or value has otherwise been agreed upon as to shall exist and shall include, without limitation, the rights of the insured �
each parcel by the Company and the insured at the time of the issuance to indemnities, guaranties, other policies of insurance or bonds, notwith- i
of this policy and shown by an express statement or by an endorsement standing any terms or conditions contained in those instruments which '
attached to this policy. provide for subrogation rights by reason of this policy.
9. LIMITATION O� LIA�ILITY. 14. ARBITRATION. 'I
(a) If the Company establishes the title, or removes the alleged defect, Unless prohibited by applicable law, arbitration pursuant to the Title �
lien or encumbrance, or cures the lack of a right of access to or from the Insurance Arbitration Rules of the American Arbitration Association �
land, or cures the claim of unmarketability of title, all as insured, in a may be demanded if agreed to by both the Company and the insured, i
reasonably diligent manner by any method, including litigation and the Arbitrable matters may include, but are not limited to, any controversy I
completion of any appeals therefrom, it shall have fully performed its or claim between the Company and the insured arising out of or relating �
obligations with respect to that matter and shall not be liable for any loss to this policy, any service of the Company in connection with its issuance '
or damage caused thereby. ar the breach of a policy provision or other obligation. Arbitration �
(b) In the event of any litigation, including litigation by the Company Pursuant to this policy and under the Rules in effect on the date the I,
or with the Company's consent, the Company shall have no liability for demand for arbitration is made or, at the option of the insured, the Rules '�
loss or damage until there has been a final determination by a court of in effect at Date of Policy shall be binding upon the parties. The award
competent jurisdiction, and disposition of all appeals therefrom, adverse may include attorneys' fees only if the laws of the state in which the land
to the title as insured. is located permit a court to award attorneys' fees to a prevailing party.
� Judgment upon the award rendered by the Arbitrator(s) may be entered
() The Company shall not be liable for loss or damage to any insured in any court having jurisdiction thereof.
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company. The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules. '
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION A copy of the Rules may be obtained from the Company upon request.
OF LIABILITY.
All payments under this policy, except payments made for costs, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
attorneys' fees and expenses, shall reduce the amount of the insurance CONTRACT.
pro tanto. (a) This policy together with all endorsements, if any, attached hereto I
11. LIABILITY NONCUMULATIVE by the Company is the entire policy and contract between the insured and '
the Company. In interpreting any provision of this policy, this policy
It is expressly understood that the amount of insurance under this shall be construed as a whole.
policy sur ng a mortgage to whi h except on s takenin Sch d le or (b) Any claim of loss or damage, whether or not based on negligence,
to which the insured has agreed, assumed, or taken subject, or which is and which arises out of the status of the title to the estate or interest
hereafter executed by an insured and which is a charge or lien on the covered hereby or by any action asserting such claim, shall be restricted
estate or interest described or referred to in Schedule A, and the amount to this policy.
so paid shall be deemed a payment under this policy to the insured owner. (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
12. PAYMENT OF LOSS. the President, a Vice President, the Secretary, an Assistant Secretary, or
(a) No payment shall be made without producing this policy for validating officer or authorized signatory of the Company.
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the �6. SEVERABILITY.
satisfaction of the Company. In the event any provision of the policy is held invalid or unenforceable
(b) Whenliabilityandtheextentof lossordamagehasbeendefinitely under applicable law, the policy shall be deemed not to include that �,
fixed in accordance with these Conditions and Stipulations, the loss or Provision and all other provisions shall remain in full force and effect. I
damage shall be payable within 30 days thereafter. �7. (�OTICES, WHERE SENT.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT. All notices required to be given the Company and any statement in
(a) The Company's Right of Subrogation writing required to be furnished the Company shall include the number
Whenever the Company shall have settled and paid a claim under this of this policy and shall be addressed to Commonwealth Land Title
policy, all right of subrogation shall vest in the Company unaffected by Insurance Company, Eight Penn Center, Philadelphia, Pennsylvania
any act of the inswed claimant. 19103-2198.
Inquires regardin� policy coveraKe und assistance in resolving complaints,
should be directed to the Company af (407) 425-C121. Claims must be
ALTA Owner's PoliCy (10-17-92) Cover Page reported in accordance with Conditions and Stipulations.
with Florida Modifications Valid Only If Face Page, Schedules A and B Are Attached
Form 1190-22 ORIGINAL
—r-- (�
TO: I') YY1 U �,.1'� ��G' � �' -�E�� +�,�
Palm Beach County � L � � �
Facilities Planning, Design & Construction Department
,,
� $�„�
n
3323 Belvedere Road, Building 503
a '�' West Palm Beach, FL 33406 DATE �� G� Job No.
�� � ,�,� (407) 233-0200 ATTENTION
� RE: lJO �'C, �� % , .t�
LETTER OF TRANSMITTAL � ��-'E��� '� �-
WE ARE SENDING YOU: � AT CHED ❑ UNDER SEPARATE COVER, VIA
❑ SHOP DRAWINGS
❑ PRINTS
❑ SPECIFICATIONS COPIES DATE DESCRIPTION
❑ CHAfVGE ORDER �� Z'b , E'-C�l,�l-�E'-l� _
❑ I i �L Z � � ' � �, � ,
❑ FOR APPROVAL L.- , LJ •
❑ FOR REVIEW &
COMMENT
REMARKS:
C�� � ��-C.� .
IF ENCLOSURES ARE NOT AS NOTED,
KINDLY NOTIFY US AT ONCE Signed �� '�L�
cc
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