HomeMy WebLinkAboutProperty_Easement_09/20/1978 I
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EASEMENT DEED .� `=r�
' THIS INDENTURE, made this Zcs day of � e P'�. , 1978 ,
� between OTTO DiVOSTA and RUDY STEINHAUSER, JR., their heirs and
�...
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_ assigns, herein called the "Grantors", and the VILLAGE OF TEQUESTA,
� a duly incorporated Florida r,lunicipal corporation, P. O. Box 3273,
Tequesta, Florida, its successors and assigns, herein called the
"Grantee".
WHEREAS, the Grantors are seized in fee simple and in possession
c;.
" of lands lying in Section 30, Township 40 South, Range 43 East, Palm
�:= Beach County, Florida by virtue of a Warranty Deed to Grantors recorc?ed
� in Official Record Book 2355, Page 1127, the Official Records of the
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�: Clerk of the Circuit Court of Palm Beach County, dated September 2�J,
- 1974.
W I T N E S S E T Fi :
That the Grantors for and in consideration of the sum of TEN
DOLLARS ($10.00), to them in hand paid by the said Grantee, together
u�ith all other covenants made by the Grantee, a perpetual easement
over, across, under and throuqh - the ��?est 30' of Grantors' property as
described in the above-referenced Dee�. Said easemen� is more
particularl_y described as follows: �
The West 30' of the North 140' of the following ,
described parcel of land: A parcel of land in
Section 30, Township 40 South, Range 43 East,
Palm Beach County, Florida, more particularly
c�:��� �; described as follows :
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;-�%��� � For a point beginning commence at a point in
�'��� � the South lin` of Section 30, Township 40 South,
�' Range 43 East, at a distance of 215.21' 41est of
j �.� — the Southeast corner of the Southwest Quarter
_- � of the said S��ction; thence Northerly at right j
' ��s '�- anqles to said South 1_i_ne of SP_C#�1017 30, a dis-
:�:-� tance of 300' to a point, said point being the
!� �� point of beginning, and the southeast corner of `
._� the tract of land herein described, thence continue
�'-.,-,�_ northerly on the same course a distance of 313.76'
-. to a point; thence westerly at right anqles to the
;:;..
... last describe�� course a distance of 250'; thence
-- southerly at right angles to the last described
_; course a distance of 313.76'; thence easterly at
right angles to the last described course a distance
of 250' to th� point beginning.
Grantors covenant that the above-described property is not homestead
property.
�`° BE�CH P,r;; Z y � � PAGE �I I � ;,' -� ,� /` � �
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Said easement is for the following sole purposes: �
l. Over the westerly 20' of the above-described easement,
for the purpose of construction, operation and r.laintenance of
water transmission facilities, including valves and appurtenances;
provided, however, that no facility shall be installed above
finished qrade.
2. Over the easterly 10' of the above-described easement, for
the purpose of ingress and egress for veY?icular traffic, to the
area generally known as Well Field rdo. l; further, Grantors sha11
not place any obstructi.ons on the p�operty so as to prevent Grantee's
rights of ingress an� egress as so provided herein. If Grantors do
not pave the portion o� the easement for purpose of ingress and.
egress,as stated hereir.�, Grantee may pave that portion of the ease-
ment.
The easement for ingress and egress granted herein shall not
be exclusive.
This easement shall not restrict Grantors, their successors and
ass�_�ns t.o �ave en easement ��?�_th asphalt ar �ther material and
cause cars to be parked on the westerly 20' of the above-described
easement.
It 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, but Grantee shall cause any damage to the
su�face of said easemen.t to be restored to the condition it existed
prior to any such construction, repair or maintenance.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands
and seals the day and year first above written._
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Si.crn.e�. SP_al and delivere� /. ' �;
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in the presence of: �--
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� Ottb DiVos.t�a "`
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As to J Otto DiVosta^ ' f
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` - Rudy Steinhause�; r:,
As to Rudy Steinhauser, Jr. --
PAL4� nFF ��� � PAG� �I � L� �- —2—
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STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, persor.�ally appeared OTTO DiVOSTA, the person d.escribed
in and who executed the foregoing instrument and he adknowledged before
me that he executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this Z� day of �-}-���_ , 1978.
—�_
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-. :'' P10 , tate of Florida at Large
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�• � � �' (NOTZ4RIAL SEAL) My Commissi Expires :
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STATE OF FLORIDA
COUI�?TY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in 'cne County aforesaid to
take acknowledgr,zents, ��ersonally appeared RUDY STEINHAUSER, JR., the
person described in and_ who execute� the foregoing instrur.tent and he
acknowledged before me that he executed the same.
WITIv'ESS my hand an.d official seal in the County and State last
aforesaid this � day of �.e,�p?,.�.�r.�.2Y� , 1978.
.
�,-�;. �' N�a �, State of Florida at Large
`V r , (��OTARIAL SEAL)
'} `. My Commission Expires:
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THlS 1NSTRUMEFIT WAS PREFAR�D BY:
JONN C. ftA^IL`OLPH ; ,�:,�;�'�Qf?i�"�� ��
JOHNSTON, SASSER & R.q�'!lp( =�= � �ClSn�Y
310 OKEE C�io��, �cA,� -3- �"• g�,�k��
WEST PALI41 6[E,C,l, 1lORlG ; ;�ra.;'�
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�i QUITCLAIM DEED
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�; Grantor, th� �,�ILLAG,:. OF' ZE��E�T�-,, a municipal cor�oration �
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� in the County of Palm Beach and State of Florida, for and in con- j
� sideration of the sum of TEN DOLLARS ($1Q.00) in hand paid, conveys I
! and quitclaims to OTTO DiVOSTA and RUDY STEINHAUSER, JR., Grantees,
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j � the following described real property:
;j The East 25'. of the North 140' of the
;; following described parcel of land: A j
'� parcel o� land in Section 30, Township �
j;; 40 South, Range 43 East, Palm Beach �
�� County, Florida, more garticularly �
�' described.as follows:
�,
I� For a point beginning comtr�ence at a
point in the South line pf Section 30,
� Township 40 South, Range 43 East, at a
distance of 215.21' West of the Southeast
� corner of the Southwest Quarter o� the
� said Section; thence Northerly at right
angles to said South line of 5ection 30,
. I� a distance of 300' to a point, said point
� ' being the point of beginning, and the
! southeast carner of the �ract of land
,i herein described, thence continuE northerly
on the same course a distance of 313.76'
j to a point; thence wes�erly at right angles
� to the last describec� course a distance of
1 250'; thence southerly at right angles to
the last described eourse a distance�of
313.76'; thence easterly at right angles
to the last described course a distance of
250' to the point of beginning.
� This Deed is given pursuant ta and by authority of a
i certain resolutson duly offered and passed at a regular meeting of
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the Village Council of the VILLAGE OF TEQUESTA on the lOth day of
� � January, 1978, a certified copy of such resolution being attached
hereto and made a part of this Deed.
� IN WITNESS WHEREOF, the VILLAGE OF TEQUESTA has caused
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I its name to be signed hereto and its corporat.e seal to b� affixed
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hereto by Howard F. Brown and Cyrese Colbert, Mayor and Village
' Clerk, respectively.
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'{ VILLAGE OF TEQUESTA
f i A municipal corporation
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� ' ' � By � ;�.�/y.;r=,, �/ ; "'� � .-�G �
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Attest: HOWARD "F. BROWl�, Mayor
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j� .CYRESE ,^ OS,BERT ' � �
,!I Village �lerk
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�� Signed, sealed and delivered
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�� STATE OF FLORIDA �
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(; COUNTY OF PALM BEACH
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� � I HEREBY CERTIFY that on this day, before me, an offieer
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j duly authorized in the State aforesaid and in the County aforesaid �
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� to take acknowledgTnents, personally appeared HOWARD F. BROWN and
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l CYRESE COLBERT, the persons described in and who executed the
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foregoing instrument and they acknowledged before me that they
• � executed the same.
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,_ WITNESS my hand and officia� seal, this�X��,�day of
-�` �! y � - ��i'� , A. D. , 1978.
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No�ary Public '
State of Florida at Large
, M�l Cb�47";1 S i 1011 expi res n���ry Puv. ,��:e of Fir.fda at La�c�e
I '��°Y'+`" F Dee 2'1 74'9
I 6onded Ey Amer:ccn Fire & Casualr� Co.
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CE�TIF�CATE
I, CYP.ESE C4LBERT, Cler�: of the �'illaga Council of the
Villa�� of 'Tec�uesta, da h�reby certify that the att�ck�ec�
is a true and correct copy flf P.�soZution ivo. 2��'�l7$ �s
. adop �cd by the Vi? lag2 Coi::�ci:z oa the 10 day af
- ` January 19 7$ . , and that the sa�e is in full
force and e�fect. � -
idI'T�ESS my hand and the official seal o� tlze Villaae this
2�__ c�ay o€ Sentember � z9_�.
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� CYP�IySE COT,�E°T .
VILL.ACE CrER�:
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RESOI�UTION NO. 2-7'j�']$ �
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� A RESOLUTIQN OF THE VILLF�GF OF TEQUESTA, E
�� FLOR�DA A'JTHORIZII3G THE TRANSFER OF t
' CERTAIN PROPERTY DESCRIBED HEREIN BY �
� QUITCLAIM DEED FROM THE VILLAGE OF �
� TEQUESTA AS GRANTOR, TO OTTO DIVOSTA
•. AND RUDY STEINHAUSER AS GRANTEES, IN �
' DIRECT EXCHAIvGE FOR THE RECEIPT FROM �
i OTTO DIVOSTA AND RUDY STEINHAUS�R AS� �
,; GRANTORS, OF A PERPETUAL EASEZ'IEN� TO �
� THE VILLAGE OF TEQUESTA, AS GRANTEE OF :"
1 + CERTAIN PROPERTY DESCRIBED HEREIN; AND i
I; FUR�HER AUTHORIZING TNE EXECUTION OF 's
�� S1�u�IE BY TNE NlAYOR A.ND VSLLAGE CLERK. :
�
� BE IT RES4LVED BY THE VILLAGE COUNCTL OF "_"HE VILLAGE OF �,
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�TEQliESTA, PALM EEACH COUNTY, FLORIDA, AS FOLLa�VS: 4
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The Village Council hereby authorizes the granti.ng of �
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; a Quitclaim D�ed from the Village of Tequesta, Florida as grantor, 4
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�to Otto DiVosta and Rudy.Steinhauser as grantees, the follawing '
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��described property:
# The East 25' of the North 140' of the
I foTlowing described parcel of Iand: A
� parcel of land in Section 30, Townshig
t 40 South, Range 43 East, Palm Beach
f Coun.ty, Florida, more particularly E
described as fo3.lows: � �
For a paint beginning commence at a i
point in the South Iine of Section 30, �
Township 40 South, Rar_ge 43 East, at a !
. distance of 215.21' West of the Sou�heast i
corner of the Southwest Quarter of the �
� said Section; thence Northerly at right
angles to said South line of Section 30,
� a distance of 300 to a point, said point
� ` being the point of beginning and the
soutY�east corner of the tract of larid
� ' herein described, thence continue northerly
_ on the same �ourse a distance of 31,3.76'
� to � point; thence westerl.y at right angles
to the last describec course a distance of
250'; the�ce southerl.y at right angles to
the last described course a distance of
� 313.76'; thence easterly at right angles
� to the last described course a distance of
i . 250` to the point of beginning.
The forec�oing transfer is sublect to the receipt b��
the Village of Tequesta as g�antee of a perpetual easement from �
t
� qtto DiVosta and Rudy Steinhauser as grantors, relating to the }
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! €ollowing described property:
# The �n'est 25' of the North 140' of the ;
�following described parcel. of Iand: A �
parcel of land in Section 3�0, Township 40 !
South, Range 43 East, Palm Beach County, �
�'Iorida, mare pa�ticularl.y described as _ �
+ fol].ows :
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For a point beginning com�aence at a �
'3 point in the South line of Section 30,
!; TownsYiip 40 Sfluth, Range 43 Fast, at a �
' distar�ce c,f 2Z5.21• �^Test of the Southeast �
� ' corner of the Southwest �uarter �� �the �
said Section; thence Ivortherly at right ,
� angles to said South line of Section 30, }
i a distance of 300' to a point, said point '
� being the po�.nt of beginning, and the �
; southeast corner of the tract of land �
� r.erein described, thence corttinue northerly �
i on the same course a distance of 313.76'
� to a point; tY±ence westerly at right angles `
� to the last described course a distance of �
' 250'; thence southerly at right angles to �
? the last described course a dista�ce of I
; 313.76`; ther_ce easterly at right angles �
' to tY�e last described course a distance of [
� 250' to the point a�' beginning. !
� t
�� The Village Council further authorizes the executian o�'
� the Quitclaim Deed, subjeat to the above, by the Mayor and by the
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� ViZlage C].�rk.
� The foregoing Resolution was affered by Cour�cil member
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Stephen.R. Huggins , who moved its adoption. The r:totion
was seconded by Council inember �+1. HarveY Mapes , and .
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upon being put to a vote, the vote was as follows:
� EOP. AD4PTION AGAINST ADOPTIQN
I �
. Ho��ard F. Bro:rn
i �.5�:.��'�.n � H�agg�.I�� .
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j t�T. Harvey �'ia�pes
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- � Jam�s H., Ryan
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! 3osenh D. Yoder
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� The Mayor thereupon declared the Resolution duly passed
� and adopted this 10 day of. Janua_rv . A.D. 1978.
� .
I 1+►l.ayor of Tequesta
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/i illage Clerk
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