HomeMy WebLinkAboutProperty_Easement_05/27/1982 , �' . , � ' , , , ,
EASEMELVT AGREENlEN'I'
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This Agreement, made and entered into this 2 7thday of 1982 by and
between TI� NATURE CONSERVANCY, a nonprofit corporation organized and
existing under the laws of the District of Columbia, with an address at
1800 N. Kent Street, Suite 800, Arlington, Virginia 22209, its successors
and assigns, herein called the "Grantor," and the VILLACE OF TEQUESTA, a
duly incorporated Florida municipal corporation, Post Office Box 3273,
Tequesta, Florida 33458, its successors and assigns, herein called. the
"Grantee.'°
W I T N E S S E T H:
l. That the Grantor hereby grants for and in consideration of the
sum of ONE DOLLAR ($1.00), to them in hand paid by the said Grantee,
together with all other covenants hereinafter contained, a pennanent
easement over, across, under and through a portion of the Grantor's
property, known as Blowing Rocks Preserve. Said easement is mpre par-
ticularly described in Exhibit "A" attached hereto, and is for the
pur�ose of construction, operation and maintenance of water transmission
facilities.
2. As part consideration.for said easement, Grantee agrees to
construct an extension of the water main and install a fire hydrant
a�ljacent on Grantor's property, at a site in close proximity to the
y�arking lot and to be more specifically located by Grantor in consulta-
tion with the Fire C�ief, said construction to be con�leted within six
(6) m�nths of Grantor's notice to Grantee of site designation.
3. I� shall be lawful for the Grantee to have access to construct,
operate, maintain and repair the said water transmission facilities as
there shall be occasion, subject to the covenants and restrictions con-
tained herein. gQO% 547Pas�1021
4. Grantor shall not place any obstruction on the property so as
to prevent Grantee's right of ingress and egress for the above stated
,
purposes. 'I`1?.is provision, however, shall not prevent Grantor from
establishing or encouraging any type of plant growth on said property.
5. Prior to construction of said water transmission facilities,
the Grantor and Grantee sha.11 perform a joint i.nspection of the easement.
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The Grantor shall clearly mark all vegetation which cannot
be disturbed during construction. The Grantee herein agrees
that any vegetation so marked shall not be disturbed during
construction.
6. It shall be lawful for the Grantee to remove vegetation
from the easement, except as noted above, to the minimum
extent necessary to construct, operate, maintain and repair
the water transmission facilities. After construction of
the water transmission facilities, Grantee shall dispose of
all vegetation removed and revegetate, with native species
as so identified and approved by Grantor, a sufficient area
to close off public access to the Blowing Rock Preserve.
Revegetation shall be deemed complete only when such vegetation
is established, thriving, and needs no additional human
maintenance nor nourishment.
7. In the event that any of Grantee's activities alter
the existing grade of Grantor's property, or any portion
thereof, Grantee shall regrade the property to its grade
prior to Grantee's activities.
�. i�Totwithstanding the above, Grantor reserves the
right to monitor Grantee's compliance with the covenants and
restrictions herein. This Easement Agreement may be terminated
by Grantor upon Grantee's failure to 'cmply with any of the
covenants and restrictions herein. Grantee agrees to reimburse
Grantor for any costs it incurs in the monitoring and/or
inspection of Grantee's activities under this Easement
Agreement up to an amount of Five Tnousand Dollars ($5,000.00),
provided, however, that if Grantor's expenses exceed Five
Thousand Dollars ($5,000.00), then Grantor shall submit to
Grantee an itemized accounting of its exp�nses, and Gr�ntee
shall reimburse Grantor for those expenses which are fair and
reasonable under the ci,rcumstances . 80 S��IPAGE
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9. This Agreement if for the purpose, use and benefit
of the parties hereto and successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto executed
the same by their respective officers.
THE NATURE CONSERVA.�ICY
By.
Its Executive Vice Pres� ent
ATTEST:
Assistant Secretary
VILLAGE OF TEQU:�STA
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STATE OF FL�ORIDA
COUNT'Y OF PALM BEACH
I HER�BY CE�I'IFY� that on this day before me, an off ice duly
qualified to take acknawledgements, personally appeared:
.
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_, of THE VIi,T,A(� OF T�STA to me known to be the
persons who executed the foregoing instr�mient in their official capacity and
acknaaledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this ._ " day of �--�.---=-- , 1982.
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NOTARY PUBLIC
�v4TARY ?libi.fC, STATE QF FLflRlDA AT LAFGE
Ki'i i,GA+i�SISSION EXPIRES APRfi. 15, 1985
My CcRmission Expires- - ,�y, , :; n��,nc;.��:- c:��v�? i!!s. �'�Lr.a��� :?: r�ds.::, �� �.
eo x 547
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STATE OF VIRGINIA
COLTNTY OF
I HEREBY CERTIFY that on this day before me, an office duly
qualified to take acknawledg�ements, personally appeared: L. Gregorv Low ,
Executive Vice President,and Michael Dennis ,
Assistant Secretary _, of THE NATCTRE COrISERVANCY to me knawn to be the
persons who executed the for�egoing instrument in their official capacity and
acknawledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 27th day of May , 1982.
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NC7rrARY PUBLIC
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.' My Cannission Expires: �anuary 13, 1985
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E}�iIBIT "A"
T FX',AT, DESCRIPTION
A parcel of land lying in part of fractional Section 19, Tawnship 40 South,
Range 43 East, Martin County, Florida. Being bound on the east by the
approximate high water line of the Atlantic Intraooastal Waterway, being more
particularly described as follaws:
Ccnmencing at the Southwest corner of said Section 19, thence South 87° 56'S9"
East (asstu�d bearing) along the South line of said Section 19, a distance of
1917.74 feet to a standard disc marked P.B.C.; thence North�l5° 21'46" West,
along a line being the approximate centerline of State Road No. 5(U.S. No. 1),
a distance of 1925.40 feet, thence S�th 88° Ol'33" East, a distance o� 697.52
feet to the approximate west line of the highwater line of the Atlantic
Intracoastal Waterway; thence North 86° 07'35" East across said Atlantic
Intracoastal Waterway, a distance of 1026.75 to the approximate east line
of the highwater line of said Atlantic Intraooastal Waterway and the west line
of a 20.00 foot water main easeqnent; thence vontinue North 86° 07'35". East; a
distance of 11.82 feet to the centerline of said 20.00 foot water main easeqnent
and the point beginning; thence South 35° 04'23" East along said centerline, a
distance of 275.61 feet; thence South 37° 23'49" East alcmg said centerline, a
distance of 446.26 feet to the point of termination of said 20.00 foo#: water
main easenent, said point of termination being 13.98 feet west o£ the
approximate centerline of State Road 707 (A-1 A).
Subject to existing Rights-of-Way, Easesnents, Restrictions and Reservat'
record, if any. ,� '� " ' � �
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