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Home My WebLink AboutProperty_Easement_03/08/1978 � ♦ GRANT OF EASEMENT THIS EASEMENT GR.ANT, made this 8th day of March, 1978, between EPCO TEQUESTA ASSOCIATES, INC., a Florida corporation, and KIM-BANK ASSOCIATES, INC., a Florida corporation, both said corporations having as their address 1 Heritage Drive, Tequesta, Florida (both said corporations beYng hereina�ter collectively called "Grantor", and VILLAGE OF TEQUESTA, a Florida municipality, whose mailing address is Townhall, Tequesta, Florida 33458 (here- inafter referred to as "Grantee"). W I T N E S S E T H: WHEREAS, Grantor is the owner and developer of certain real � property located within Martin County, State of Florida, and Grantor is developing said property under the general name HERITAGE OAKS; and WHEREAS, Grantor and Grantee have entered an agreement, where- by Grantee has agreed to provide water to property owned by Grantor and being developed as the HERITAGE OAKS subdivision; and WHEREAS, under the terms of the agreement by and between Grantor and Grantee, Grantor must supply Grantee with the necessary easement for the right or privilege to construct, own, maintain and operate water facilities in, under, upon, over and across the lands of grantor. NOW, THEREFORE, in consideration of the mutual promises enumer ated herein, as well as in consideration of the payment to Grantor by Grantee of the sum of Ten Dollars ($10.00), receipt of which is hereby acknowledged, and in further consideration of the provision of service by Grantee to Grantor, in accordance with the agreement for water service entered by and between Grantor and Grantee, the Grantor and Grantee hereby agree as follows: � � , 1. Grantor, and those holding by, through and under it, does hereby grant, set over, convey and give to Grantee, its suc- cessors, legal representatives, assigns, and permittees, a per- petual, exclusive easement to install, maintain, operate, repair, alter, replace and remove pipes, lines or other structures for the conveyance of water from the facilities of Grantee to the units and/or other single family residences constructed on the lands of Grantor, over, under and across the particular described property, as said property is described hereafter: The South 6 feet of Lot 26, Block A, and the North 6 feet of Lot 27, Block A, HER- ITAGE OAKS, according to the Plat there- of on file with the Clerk of the Circuit Court, in and for Martin County, Florida, in Plat Book 7, Page 10. 2. Grantor covenants and agrees that in utilizing said easement, Grantee can construct, protect, excavate, repair, re- locate, operate and maintain in, over and under the property covered by said easement, such facilities, including, but not limited to, pipelines, pipes, mains and meters, and all other appurtenances and fixtures adaptable to the present and future needs of Grantee in supplying the property of Grantor with water service. 3. Grantor covenants and agrees that no building or other structure whatsoever will be erected over, and that no excavat- ing, mining, or blasting shall be undertaken within the limits of the easement without the prior written consent of Grantee, except that Grantor reserves the right to plant and cultivate lawn grass and low growing ornamental shrubs and the right to cross and recross said easement, the right to pave, where neces- sary, with asphalt for the provision of parking, ingress and egress for automobiles, provided that any such reserved right shall not interfere with, obstruct, or endanger any of the rights granted herein. -2- 3. Grantor warrants that it has gaod and indefeasible fee simple title to the easement premises herein granted. 4. The covenants, agreements and easements contained herein shall run with the land and shall bind, and the benefits and advantages hereof shall inure to, the respective heirs, legal representatives, grantees, successors and assigns of the respect- ive partaes hereto. 5. Any alteration, change, waiver, or modification hereof, in order to become effective, shall be made by written instrument executed on behalf of each party hereto. If any provisions of this agreement shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby. IN WITNESS WHEREOF, the parties have set their hands and seals hereto the day and year above written. Signed, sealed and delivered EPCO TEQUESTA ASSOCIATES, in the presence of: IN� o�°.c��., . � r�.�Zz� ��c_ C , gy � side t ��-,� . .,� (CORP RATE SEAL} Co R Po R.R'nE s F►42, STATE OF FLURIDA - COUNTY OF I��T�J �'l) I HEREBY CERTIFY, that on this day personally appeared be- fore me, an officer duly authorized in the County and State afore said, ROBERT J. EIGEN, President of EPCO TEQUESTA ASSOCIATES, INC., a Florida corporation, to me known to be the individual and officer of said corporation described in and who executed the foregoing in- strument; and he acknowledged the execution thereQf to be his free act and deed as such officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto, and that the said instrument is the act and deed of said corporation. -3- � a � i�'i'i� li�:? ;._,. ,, ry ,C ..?:: f.�:.;.L:1 � =',l. cl i�.: �:.1.. (.'.. _ Ii c .7',�ci::�'_ �. �}�' lic.,.Ct 3I, a last ��oresa�d }his f��" �ay o� ��arch, I�78. �� y � �� J�„ t ,�� I��tary Pii�l ic L�`y�, comr.��.s�ion expires: ?��tary Pu�ite, Sfcto .�' FlorSdo� at . l.arga My C�mmiui�n ixpiras N�v. i, 1�79 'sn+IzJ by Anrorinn Fire b Casu�lty G. Si�ned, . s�alec� and delivered KIM°-L�atvK �SSUCIAiES, Ii1C, in the preser_ce of : '"—' � ��_ �� -1_ � � � „ ` � ,- - /�: /;� ; �F` �/' _ By '� �. � \ ' � �_ � ! � � � �e'-��' %'" '. % ��-L rCOR1�0 _TE SE�L) CCkrORI}'C� S �1 � S TAT �' OF F.LGRI DA C 0 UI�? TY 0 F ✓Y1 �1'�'�- � t rt.; � HEFtE�Y C�RTIFY, that ot7 this day p-�.rson.ally a�l �ared be— fore ane, ar offic�� duly _at�thoriz�� in the C�unty and State a�arz- said� _k�{��l�,,' -.J C� C�� ,<,��'�-T',,�'►��_ of xZ�y.i-BAi�:n A�SOCIATES, INC., a Florida cc�r�oraticn, �o m� known to be the �n- dividual and afficer of said corporat?oz� described in ar�d whc e��c- uted t� for��in�� instrumer.t; and he ack_no�:? `3ged the e�ecution thereof - to be his �ree act and deec� as such officer thereunt�7 duly authorizea, that the cfficial seal of said corpor.aticn is duly affixed '�heret�, and that the said i:�stru�nent is t�:e act and deed of sa�d coiguratior.. WImNESS my �t.:.�� and cfficial seai zn the �ounty and State Iast a�oresaid this �� day of T�Iarch, I978. �_ � `_��, �Lt�'; /�;�'�, �,—� Notar�' Publ ic T P�Iy com�:i�sion expir�.s: tvotary Pubtk, S}at� •f Flertda a► Large JMr Commission Expirrs Nov. 6, 1979 Bon�e� �y Amerlcon �rQ & Casualty ��, ._ :_, :t �... , tuiart�n CountY I �Preby certify tha�F +9�e ��rec�U'm,� �s a tr and co�, - ect copy of said —�C`�i`'� Eix/� -�-- ca" ��o�� ° !'�� --- of +he public recordt `n , is c; f:ca. `v; irnes; my hand �,�/ seal of . affice fi;;i d� o 1/.//�./� 19 �� ` "' ISE ` . 15AACS, C k _�'.�_ _ ...iv . '�.. � � �� „� � / . ^ / � e . ...._ _ . � � Mh k�+n P'ii _' !� �_